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Today, Mr Smith said he thought there must have been a mistake after an over-zealous official had misinterpreted the rules.

Speaking outside the Commons, he said:
'Essentially what happened was that a local residents association wanted
a circular bench around a tree in some new public gardens that were
being refurbished.

Madness: MP Henry Smith has branded the warning 'absurd'

'But they were told they couldn’t have this circular bench around the tree because the council had been told they had to remove all park benches from underneath trees.

'In my view this is clearly absurd.

'There’s a risk to everything, whether it’s crossing the street or cooking in the kitchen.

'It just seems to me to be an extreme example of health and safety advice gone mad.

'It’s too early to apportion blame but my concern is that some official has misinterpreted the advice and it has resulted in this bizarre ruling.

'I suspect it is the misinterpretation of advice rather than specific advice coming from the Health and Safety Executive.'

Mr Smith raised the issue in the Commons during the business statement.

In a question to new Commons Leader Andrew Lansley, he said: 'Can I ask that consideration be given for a debate on over-zealous health and safety regulation?

'Currently, my local authority of Crawley Borough Council has been told that they have to remove all park benches from underneath trees.'

Mr Lansley replied: 'I hope you will not be surprised to know that we in Government over these last two and a half years have been actively working to ensure common sense is at the heart of how we apply health and safety regulations - that it is evidence-based and proportionate.'

Dig up the benches! The council have been ordered to get rid of the seats beneath the trees in Pound Hill, Crawley

On Monday a report by health and safety watchdogs admitted the 'cotton wool culture' had eroded children’s freedom to play outdoors.

They ssaid a blizzard of regulations is being used as an excuse to deny children scope for fun.

The statement, by the Play Safety Forum and the Health and Safety Executive, was condemned as ironic, as HSE rules and regulations are blamed by many for creating the culture in the first place.

The HSE said health and safety laws were being ‘wrongly cited’ as a reason to deny children play opportunities.

The statement cited ‘shocking’ ICM research that half of children aged seven to 12 are not allowed to climb a tree without an adult present and that one in five children in the same age group have been banned from playing conkers.

Councils, schools, charities and other providers should use 'sensible adult judgments' instead of allowing misplaced fears of prosecution to rid play spaces of fun and challenge.

'When planning and providing play opportunities, the goal is not to eliminate risk, but to weigh up the risks and benefits,' it says.

FROM RUBBISH BINS TO 'DANGEROUS' UMBRELLAS: MORE TALES OF HEALTH AND SAFETY MADNESS

Last week residents of a block of flats were ordered to take pictures down from communal walls and get rid of doormats because they are dangerous and breach health and safety rules.

Housing bosses have warned the tenants of nine properties in Stockport, Greater Manchester, that any ‘non-compliant’ photos and portraits will be removed and eventually destroyed.

Thousands of JLS fans were lashed by torrential rain for two hours because of a health and safety ban on umbrellas at an open air concert.

An audience of nearly 7,000 went home drenched to the skin after being told off by an on-stage presenter for opening brollies at the rain-sodden amphitheatre in Scarborough, North Yorkshire.

The teenagers sat shivering while heavy-handed security staff ensured no one breached the brolly ban throughout the show at the Open Air Theatre on August 25.

Binmen refused to empty 20 wheelie bins on a single street because they were all just 'one inch too full' and therefore too dangerous to deal with.

In August the refuse collectors in Stockport, Greater Manchester, ignored a third of black bins left outside on collection day saying health and safety rules stopped them collecting bins which did not have the lid fully closed.

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Council ordered to move park benches from underneath trees in case branches fall on peoples' heads